Clackamas County, Intervenor-Petitioner below, v. OREGON AVIATION BOARD TLM LLC (2021)

Respondents Aurora Airport Improvement Association, Bruce Bennett, Wilson Construction Company, Inc., Ted Millar, TLM Holdings, LLC, Anthony Alan Helbling, and Wilsonville Chamber of Commerce (jointly, private respondents) petition for reconsideration of our opinion in Schaefer v. Oregon Aviation Board, 312 Or. App. 316, ––– P.3d –––– (2021). We allow reconsideration, modify our prior opinion as described below, and adhere to the opinion as modified.

In their petition, private respondents contend, among other things, that our statement that “[t]he FAA does not use the term ‘class’ to describe airplane sizes,” Schaefer, 312 Or. App. at 340, ––– P.3d at ––––, is factually incorrect. They point out that the Federal Aviation Administration (FAA) defines its grouping of planes into Airplane Design Groups as “[a] classification of aircraft based on wingspan and tail height.” FAA Advisory Circular 150/5300-13A, Airport Design (2014), at 3 (available at https://www.faa.gov/documentLibrary/media/Advisory_Circular/150-5300-13Achg1-interactive-201907.pdf (last accessed July 16, 2021)).

That definition of Airplane Design Group as a classification system may render our statement about the term “class” misleading. Accordingly, we allow reconsideration and delete the sentence, “The FAA does not use the term ‘class’ to describe airplane sizes.” We also modify the next sentence, “As set out above, however, the FAA groups airplanes in several ways; as relevant here, it groups them by weight as well as by wingspan or tail height,” Schaefer, 312 Or. App. at 340-41, ––– P.3d at ––––, by removing the word “however.” With those modifications, we adhere to our prior opinion. We reject private respondents' remaining contentions on reconsideration without discussion.

Reconsideration allowed, former opinion modified and adhered to as modified.

PER CURIAM